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en-usIt's the LawJim Zirin's stories.Copyright 2018 Forbes LLChttps://secure.gravatar.com/avatar/acb4120b9711223f7e470d4984585fcd?s=400&d=mm&r=gIt's the Lawhttps://www.forbes.com/sites/jameszirin/feed/
https://www.forbes.com/sites/jameszirin/2015/02/04/a-matter-of-ethics/
A Matter Of EthicsSupreme Court Justices Scalia and Thomas have attended meetings sponsored by the ultra-conservative Koch brothers. Scalia in public appearances has opined on issues involved in pending cases that his biographer, Bruce Allen Murphy, argues compromised either the fact or appearance of neutrality. Four Justices have recently written best-selling books. A [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/54d283dbe4b07e9673fcd550Wed, 4 Feb 2015 16:25:00 -05002015-02-04T16:25:00-05:00Supreme Court Justices Scalia and Thomas have attended meetings sponsored by the ultra-conservative Koch brothers. Scalia in public appearances has opined on issues involved in pending cases that his biographer, Bruce Allen Murphy, argues compromised either the fact or appearance of neutrality. Four Justices have recently written best-selling books. A [...]https://www.forbes.com/sites/jameszirin/2015/01/16/obama-wasnt-there/
Obama Wasn't There&nbsp; &nbsp; The iconic Hotel de Crillon in Paris is under renovation. It has been the residence of the rich and famous in history, notoriously serving as the headquarters of the Gestapo during the German occupation of Paris during World War II. Traversing the Place de la Concorde on January 11, and wondering [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/54b9906fe4b041b666b31568Fri, 16 Jan 2015 17:51:00 -05002015-01-16T17:51:00-05:00&nbsp; &nbsp; The iconic Hotel de Crillon in Paris is under renovation. It has been the residence of the rich and famous in history, notoriously serving as the headquarters of the Gestapo during the German occupation of Paris during World War II. Traversing the Place de la Concorde on January 11, and wondering [...]https://www.forbes.com/sites/jameszirin/2014/11/10/question-from-china-how-do-american-lawyers-bribe-u-s-judges/
Question From China: How Do American Lawyers Bribe U.S. Judges?&nbsp; Not too long ago, I addressed a group of China lawyers at Fudan University, Shanghai. When it came time for the Q&A, a young Chinese lawyer asked, “How do you bribe the judges in the United States? You know, it must go on.” My answer was to turn the tables: [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/54611b40e4b0e125ae830d03Mon, 10 Nov 2014 15:27:00 -05002014-11-10T15:27:00-05:00&nbsp; Not too long ago, I addressed a group of China lawyers at Fudan University, Shanghai. When it came time for the Q&A, a young Chinese lawyer asked, “How do you bribe the judges in the United States? You know, it must go on.” My answer was to turn the tables: [...]https://www.forbes.com/sites/jameszirin/2014/09/05/the-business-of-sex-have-we-come-to-a-new-normal/
The Business Of Sex: Have We Come To A New Normal?Times have changed, and it is hard convincing our children and grandchildren that it wasn’t always this way. Although child pornography continues to be the proper subject of criminal prosecution, there is now little legal activity in art censorship. We just don’t see the obscenity cases we used to see. [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/5409d0ade4b03c80856ef902Fri, 5 Sep 2014 11:18:00 -04002014-09-05T11:18:00-04:00Times have changed, and it is hard convincing our children and grandchildren that it wasn’t always this way. Although child pornography continues to be the proper subject of criminal prosecution, there is now little legal activity in art censorship. We just don’t see the obscenity cases we used to see. [...]https://www.forbes.com/sites/jameszirin/2014/07/08/if-john-gotti-was-the-teflon-don-then-roy-cohn-was-the-teflon-rogue/
If John Gotti Was The 'Teflon Don', Then Roy Cohn Was The 'Teflon Rogue'Most, but not all, of the criminal trials I knew of in the Southern District of New York, called by lawyers “ Mother Court” for its seniority and pre-eminence, resulted in convictions. Here are some acquittals I know about, all involving the same defendant, Roy Marcus Cohn. If John Gotti was [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/53bc4ea4e4b0ea12adfd1bdaTue, 8 Jul 2014 16:15:00 -04002014-07-08T16:15:00-04:00Most, but not all, of the criminal trials I knew of in the Southern District of New York, called by lawyers “ Mother Court” for its seniority and pre-eminence, resulted in convictions. Here are some acquittals I know about, all involving the same defendant, Roy Marcus Cohn. If John Gotti was [...]https://www.forbes.com/sites/jameszirin/2014/04/22/genovese-costello-and-anastasia-the-decline-and-fall-of-the-american-mafia/
Genovese, Costello and Anastasia: The Decline and Fall of The American Mafia&nbsp; &nbsp; This year marks the 55th anniversary of the trial in the infamous mobster conspiracy case, United States v. Bufalino, known as the “Apalachin affair,” a case that prosecutors won before a jury, and lost on appeal. The case involved 20 of the more than 60 mobsters who attended a summit [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/534d5a75e4b0677d2d9a67f7Tue, 22 Apr 2014 17:01:00 -04002014-04-22T17:01:00-04:00&nbsp; &nbsp; This year marks the 55th anniversary of the trial in the infamous mobster conspiracy case, United States v. Bufalino, known as the “Apalachin affair,” a case that prosecutors won before a jury, and lost on appeal. The case involved 20 of the more than 60 mobsters who attended a summit [...]https://www.forbes.com/sites/jameszirin/2014/02/11/getting-at-the-truth-cross-examination-is-the-crowning-glory-of-our-legal-system/
Getting At The Truth? Cross-Examination Is The Crowning Glory Of Our Legal System&nbsp; &nbsp; &nbsp; “If you confront anyone who has lied with the truth, he will usually admit it - often out of sheer surprise. It is only necessary to guess right to produce your effect.” ― Agatha Christie, Murder on the Orient Express To my mind, cross-examination is the crowning glory of our trial [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/52fa9275e4b0ba3c471acf1cTue, 11 Feb 2014 16:28:00 -05002014-02-11T16:28:00-05:00&nbsp; &nbsp; &nbsp; “If you confront anyone who has lied with the truth, he will usually admit it - often out of sheer surprise. It is only necessary to guess right to produce your effect.” ― Agatha Christie, Murder on the Orient Express To my mind, cross-examination is the crowning glory of our trial [...]https://www.forbes.com/sites/jameszirin/2013/08/04/how-a-seasoned-litigator-became-a-talk-show-host/
How A Seasoned Litigator Became A Talk Show HostI apologize for a personal reflection. It is probably off piste, but perhaps it isn’t. People frequently ask me how did a seasoned litigator with almost a half-century of trial and appellate experience morph into a talk show host. Timothy Leary said famously, “In the information age, you don't teach [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/51fe54dce4b0eab447c9b301Sun, 4 Aug 2013 09:40:00 -04002013-08-04T09:40:00-04:00I apologize for a personal reflection. It is probably off piste, but perhaps it isn’t. People frequently ask me how did a seasoned litigator with almost a half-century of trial and appellate experience morph into a talk show host. Timothy Leary said famously, “In the information age, you don't teach [...]https://www.forbes.com/sites/jameszirin/2013/06/19/do-we-achieve-anything-by-sending-arms-to-the-syrian-rebels/
Are We Crazy To Arm The Syrian Rebels? President Bashar al-Assad of Syria . By James D. Zirin &nbsp; President Obama announced recently that he had taken the reluctant decision to send arms to the Syrian rebels, but it is far from clear what he hopes to achieve. Polls say that 70% of the American people oppose sending arms to the rebels, [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/51c1e543e4b033a6589aca2fWed, 19 Jun 2013 15:00:00 -04002013-06-19T15:00:00-04:00 President Bashar al-Assad of Syria . By James D. Zirin &nbsp; President Obama announced recently that he had taken the reluctant decision to send arms to the Syrian rebels, but it is far from clear what he hopes to achieve. Polls say that 70% of the American people oppose sending arms to the rebels, [...]https://www.forbes.com/sites/jameszirin/2013/04/16/the-obama-erdogan-conference-let-us-preach-what-we-practice/
Obama's Talks With Turkey: Let Us Preach What We Practice A supporter of world-renowned Turkish pianist Fazil Say holds a cardboard reading 'Fazil Say is not alone' during protest held outside an Istanbul court (Image credit: AFP/Getty Images via @daylife) By James D. Zirin Turkey’s Prime Minister Tayyip Erdogan will travel to Washington May 16 to meet with President Obama, largely to [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/516c777276e48749033f5905Tue, 16 Apr 2013 09:16:42 -04002013-04-16T09:16:42-04:00 A supporter of world-renowned Turkish pianist Fazil Say holds a cardboard reading 'Fazil Say is not alone' during protest held outside an Istanbul court (Image credit: AFP/Getty Images via @daylife) By James D. Zirin Turkey’s Prime Minister Tayyip Erdogan will travel to Washington May 16 to meet with President Obama, largely to [...]https://www.forbes.com/sites/jameszirin/2013/04/08/margaret-thatcher-1925-2013-a-personal-recollection/
My Personal Encounters With Margaret Thatcher (1925-2013) I didn’t know Margaret Thatcher well, but I always thought I did, as she personally touched my life. I don’t mean her politics or policies, although I agreed with most of them. It is of her basic humanity that I write. She was an extraordinarily gracious human being. I first met [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/5162ebf276e4a00ed1d5e597Mon, 8 Apr 2013 12:12:00 -04002013-04-08T12:12:00-04:00 I didn’t know Margaret Thatcher well, but I always thought I did, as she personally touched my life. I don’t mean her politics or policies, although I agreed with most of them. It is of her basic humanity that I write. She was an extraordinarily gracious human being. I first met [...]https://www.forbes.com/sites/jameszirin/2013/03/29/aaron-swartz-suicide-forces-hard-questions-about-the-criminal-justice-system/
Aaron Swartz' Suicide Forces Hard Questions About The Criminal Justice System Aaron Swartz (1986-2013) By James D. Zirin &nbsp; This is the Easter season. Believers say that the holiday is about sacrifice for others and forgiveness for a misguided humanity. Some two months ago, a 27-year old computer hacker named Aaron Swartz committed suicide rather than face a federal indictment that he thought might send [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/5155c98976e451ac6cd4b15dFri, 29 Mar 2013 13:08:47 -04002013-03-29T13:08:47-04:00 Aaron Swartz (1986-2013) By James D. Zirin &nbsp; This is the Easter season. Believers say that the holiday is about sacrifice for others and forgiveness for a misguided humanity. Some two months ago, a 27-year old computer hacker named Aaron Swartz committed suicide rather than face a federal indictment that he thought might send [...]https://www.forbes.com/sites/jameszirin/2013/02/27/the-stranger-case-of-oscar-pistorius/
The Stranger Case of Oscar Pistorius A relative of the late South African model Reeva Steenkamp holds the funeral ceremony program at the crematorium building in Port Elizabeth on February 19, 2013 after Steenkamp, 29, was shot four times in the early hours of February 14, 2013 by a 9mm pistol owned by South African sporting [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/512e86f176e4f6b6d9d47787Wed, 27 Feb 2013 17:29:39 -05002013-02-27T17:29:39-05:00 A relative of the late South African model Reeva Steenkamp holds the funeral ceremony program at the crematorium building in Port Elizabeth on February 19, 2013 after Steenkamp, 29, was shot four times in the early hours of February 14, 2013 by a 9mm pistol owned by South African sporting [...]https://www.forbes.com/sites/jameszirin/2013/01/24/gay-marriage-debate-will-bring-ideological-war-between-chief-justice-roberts-and-obama-to-the-forefront/
Gay Marriage Cases Will Bring Ideological War Between Chief Justice Roberts and Obama to the ForefrontThe Supreme Court will hear two gay marriage cases in March. Obama’s Justice Department will weigh in on the side of gay marriage in both cases.Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/51013db476e4d24cddcd8122Thu, 24 Jan 2013 09:00:12 -05002013-01-24T09:00:12-05:00The Supreme Court will hear two gay marriage cases in March. Obama’s Justice Department will weigh in on the side of gay marriage in both cases.https://www.forbes.com/sites/jameszirin/2013/01/19/true-sparrows-or-fake-eagles/
Armstrong and Te'O--True Sparrows Or Fake Eagles Lance Armstrong talks to Oprah. In Clifford Odets’ “Golden Boy,” a play about a wannabe boxer caught in a dilemma of conscience about who he really is, a character says that a man must necessarily be a “true sparrow or a fake eagle.” We have had our fill of fake eagles [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/50fb30ba76e4ef2142e9ba15Sat, 19 Jan 2013 18:52:50 -05002013-01-19T18:52:50-05:00 Lance Armstrong talks to Oprah. In Clifford Odets’ “Golden Boy,” a play about a wannabe boxer caught in a dilemma of conscience about who he really is, a character says that a man must necessarily be a “true sparrow or a fake eagle.” We have had our fill of fake eagles [...]https://www.forbes.com/sites/jameszirin/2013/01/03/the-only-way-to-disarm-is-to-disarm/
Gun Control--The Only Way To Disarm Is To DisarmWASHINGTON, DC - DECEMBER 20: U.S. Vice President Joe Biden (2nd R) leads the first meeting of the working group to explore solutions following the Newtown massacre. The country is armed to the teeth. Since the unspeakable atrocity in Newtown, Connecticut, gun sales have soared, and NRA membership has reportedly surged [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/50e5b78a76e4704e3a0273abThu, 3 Jan 2013 12:01:12 -05002013-01-03T12:01:12-05:00WASHINGTON, DC - DECEMBER 20: U.S. Vice President Joe Biden (2nd R) leads the first meeting of the working group to explore solutions following the Newtown massacre. The country is armed to the teeth. Since the unspeakable atrocity in Newtown, Connecticut, gun sales have soared, and NRA membership has reportedly surged [...]https://www.forbes.com/sites/jameszirin/2012/12/20/the-end-is-at-hand-2/
The End Is At Hand A sign bears the names of the victims of the December 14, 2012 elementary school shooting at a makeshift shrine to the victims in Newtown, Connecticut, December 17, 2012. By James D. Zirin &nbsp; Last Christmas, I wrote a piece for Forbes, pointing out that 2011 was an unparalleled year of uncertainty [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/50d3ad3876e4704e3a019617Thu, 20 Dec 2012 19:29:41 -05002012-12-20T19:29:41-05:00 A sign bears the names of the victims of the December 14, 2012 elementary school shooting at a makeshift shrine to the victims in Newtown, Connecticut, December 17, 2012. By James D. Zirin &nbsp; Last Christmas, I wrote a piece for Forbes, pointing out that 2011 was an unparalleled year of uncertainty [...]https://www.forbes.com/sites/jameszirin/2012/12/02/does-a-military-trial-make-sense-for-ksm/
Does A Military Trial For KSM Make Any Sense?Are there any benefits at all in a military trial that would not be offered by trial in a civilian court?Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/50bb6f4e76e488ddcb2703c9Sun, 2 Dec 2012 10:19:45 -05002012-12-02T10:19:45-05:00Are there any benefits at all in a military trial that would not be offered by trial in a civilian court?https://www.forbes.com/sites/jameszirin/2012/06/22/holder-v-congress-political-firefight-or-legal-contempt/
Holder v. Congress: Political Firefight or Legal Contempt? By JAMES D. ZIRIN Many Americans these days are in contempt of Congress. But is Attorney General Eric Holder? A House panel, voting along party lines, has decided to cite the Attorney General for contempt. If the committee vote is approved by the full House and affirmed by the courts, the [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/4fe4dd3076e47181f3174313Fri, 22 Jun 2012 17:15:00 -04002012-06-22T17:15:00-04:00 By JAMES D. ZIRIN Many Americans these days are in contempt of Congress. But is Attorney General Eric Holder? A House panel, voting along party lines, has decided to cite the Attorney General for contempt. If the committee vote is approved by the full House and affirmed by the courts, the [...]https://www.forbes.com/sites/jameszirin/2012/06/04/erdogans-turkish-spring-crosscurrents-in-the-bosphorus/
Erdogan's Turkish Spring: Crosscurrents in the Bosphorus English: Turkish Prime Minister Recep Tayyip Erdogan at the Third Global Forum of the UN Alliance of Civilizations in Rio de Janeiro, Brazil. (Photo credit: Wikipedia) By James D. Zirin &nbsp; Thousands of women took to the streets of Istanbul on a beautiful Sunday afternoon to protest proposals by authoritarian Prime Minister, Tayyip [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/4fcc9d5e76e4cfca294ccb31Mon, 4 Jun 2012 07:46:17 -04002012-06-04T07:46:17-04:00 English: Turkish Prime Minister Recep Tayyip Erdogan at the Third Global Forum of the UN Alliance of Civilizations in Rio de Janeiro, Brazil. (Photo credit: Wikipedia) By James D. Zirin &nbsp; Thousands of women took to the streets of Istanbul on a beautiful Sunday afternoon to protest proposals by authoritarian Prime Minister, Tayyip [...]https://www.forbes.com/sites/jameszirin/2012/04/06/why-israel-will-attack-iran/
Why Israel Will Attack Iran By James D. Zirin "Ever since the longbow, when man has developed new weapons and stockpiled them, somebody has come along and used them. I don't know how we can escapeit with nuclear weapons." --President John Fitzgerald Kennedy I entered Israel from Jordan some 10 days ago curious to take the temperature of [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/4f7f21fc76e494099042821fFri, 6 Apr 2012 13:23:03 -04002012-04-06T13:23:03-04:00 By James D. Zirin "Ever since the longbow, when man has developed new weapons and stockpiled them, somebody has come along and used them. I don't know how we can escapeit with nuclear weapons." --President John Fitzgerald Kennedy I entered Israel from Jordan some 10 days ago curious to take the temperature of [...]https://www.forbes.com/sites/jameszirin/2011/12/28/the-year-of-uncertainty/
THE YEAR OF UNCERTAINTY&nbsp; Christopher Hitchens BY JAMES D. ZIRIN Are we happy or sad to see 2011 fade away? It was a year of uncertainty that seems unparalleled. Here are a few examples that should make us all shudder. Obama appointed a bi-partisan commission to come up with a plan to end our unsustainable budgetary deficits. [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/4efb9f3876e4721f23268150Wed, 28 Dec 2011 18:06:33 -05002011-12-28T18:06:33-05:00&nbsp; Christopher Hitchens BY JAMES D. ZIRIN Are we happy or sad to see 2011 fade away? It was a year of uncertainty that seems unparalleled. Here are a few examples that should make us all shudder. Obama appointed a bi-partisan commission to come up with a plan to end our unsustainable budgetary deficits. [...]https://www.forbes.com/sites/jameszirin/2011/11/10/should-there-be-a-statute-of-limitations-for-presidential-candidates/
Should There Be a Statute of Limitations for Presidential Candidates? Why not a statute of limitations on the misdeeds and peccadilloes of Presidential candidates? I am sure that there are three reasons why not, but I forgot the third. I’ll remember to ask Rick Perry. Bill Clinton had to deny that he inhaled marijuana while a college student. George W. Bush [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/4ebbf80b76e4efc992a5fef7Thu, 10 Nov 2011 11:15:54 -05002011-11-10T11:15:54-05:00 Why not a statute of limitations on the misdeeds and peccadilloes of Presidential candidates? I am sure that there are three reasons why not, but I forgot the third. I’ll remember to ask Rick Perry. Bill Clinton had to deny that he inhaled marijuana while a college student. George W. Bush [...]https://www.forbes.com/sites/jameszirin/2011/08/05/the-dominique-strauss-kahn-affair-to-proceed-or-not-to-proceed/
The Dominique Strauss-Kahn Affair: To Proceed Or Not To Proceed? By James D. Zirin In 1910, President William Howard Taft appointed a brilliant lawyer named Frederick William Lehmann as his Solicitor General. Representing the U. S. government in the Supreme Court, Lehmann would occasionally "confess judgment," a practice in which the Solicitor General admits that the government has been wrong all [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/4e3be29776e471610000733eFri, 5 Aug 2011 08:35:49 -04002011-08-05T08:35:49-04:00 By James D. Zirin In 1910, President William Howard Taft appointed a brilliant lawyer named Frederick William Lehmann as his Solicitor General. Representing the U. S. government in the Supreme Court, Lehmann would occasionally "confess judgment," a practice in which the Solicitor General admits that the government has been wrong all [...]0https://www.forbes.com/sites/jameszirin/2011/02/04/book-review-spinning-the-law-trying-cases-in-the-court-of-public-opinion/
Book Review: "Spinning the Law: Trying Cases in the Court of Public Opinion"By Kendall Coffey.. Prometheus Books, Amherst, New York. 404 pages. Litigators love to tell war stories, and Miami attorney, Kendall Coffey is no exception. Coffey’s book, “Spinning the Law,” is not so much an account of his own extraordinary accomplishments in court, but a passing account of celebrity trials through the [...]Jim Zirin, ContributorJim Zirin, Contributorhttps://www.forbes.com/sites/jameszirin/4d49961ca30b5dfdc8836a63Fri, 4 Feb 2011 09:53:47 -05002011-02-04T09:53:47-05:00By Kendall Coffey.. Prometheus Books, Amherst, New York. 404 pages. Litigators love to tell war stories, and Miami attorney, Kendall Coffey is no exception. Coffey’s book, “Spinning the Law,” is not so much an account of his own extraordinary accomplishments in court, but a passing account of celebrity trials through the [...]0